SMITH v. WESTERN ELEC. CO.

No. 44286.

643 S.W.2d 10 (1982)

Paul SMITH, Plaintiff-Appellant, v. WESTERN ELECTRIC COMPANY, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

Rehearing Denied November 19, 1982.

Application to Transfer Denied January 17, 1983.


Attorney(s) appearing for the Case

H. Morley Swingle, Cape Girardeau, for plaintiff-appellant.

William G. Ohlhausen, St. Louis, for defendant-respondent.


DOWD, Presiding Judge.

Plaintiff appeals from an order dismissing his petition on the ground that it fails to state a claim upon which relief can be granted.

The petition seeks an injunction to prevent plaintiff's employer from exposing him to tobacco smoke in the workplace and from affecting his pay or employment conditions because of his medical reaction to tobacco smoke. The petition alleges that by allowing smoking in the work area, defendant permits its...

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